Tags: DST 1031 Exchange

Almost anyone who has attempted purchasing real estate has had a deal fall through, but when it happens during a 1031 exchange, the strict time crunch raises the stakes.

In a 1031 exchange, the proceeds from the sale of one real estate investment are reinvested in a like-kind investment, a transaction complicated by the fact that the new property has to be identified within 45 days after closing on the sale of the original property and the entire transaction must be completed within 180 days.

No extensions. No exceptions.

Being prepared for what could go wrong during the short time window can reduce the chance for mistakes and anxiety and increase the chance for an outcome that aligns with the reasons a 1031 exchange was pursued in the first place.

The most expedient path when a deal falls through during the initial 45-day window is to simply abandon the 1031 exchange and pay the required taxes, but that often is not a palatable route for investors who likely chose a 1031 exchange mainly to defer taxes. Up front planning is often the key to getting to the finish line of a 1031 exchange.

The Three-Property Rule

With a 1031 exchange, an individual must use the proceeds from the sale of the original property to purchase a replacement holding for an equal or great amount.

Following the sale of the relinquished property, an investor can identify a maximum of three potential replacements to reinvest the proceeds in a 1031 exchange without regard to fair market value. It’s possible to acquire all three of the properties in the exchange, but typically, there is a first, second, and third choice. If the purchase of the first choice falls through, the investor has two backup options.   

The 200% Rule

To expand options beyond three properties, the 200% rule, also called the 200% of Fair Market Identification Rule, allows an investor to identify an unlimited number of replacement properties as long as the aggregate fair market value of those properties doesn’t exceed 200% of the sale price from the original property. This may be a good route if you are trying to expand your holdings and plan to purchase more than one replacement property. It’s also worth investigating if you are having trouble deciding on possible replacements or if it’s a tight real estate market and you’re worried about being able to close within 180 days.

The 95% Rule

As with the 200% rule, the 95% rule, also called the 95% Exception, makes it possible for the investor to identify unlimited replacement properties. In this instance, the investor must acquire at least 95% of the fair market value of all the properties. For most investors, it will be a balance of finding the right properties while making sure they have the investment dollars to meet the 95% fair market value requirement.

Delaware Statutory Trust (DST) as a Primary Option

If suitable, a DST is often an ideal backup plan because it’s a pooled investment in which a person owns fractional shares of a real estate trust. It can be difficult identifying the DST that best aligns with your goals, but it may alleviate the pressure of a single real estate deal falling through.

A DST can also be viewed as a primary replacement property option because it offers professional real estate management, it’s a way to expand holdings across industries or property types, and it can be an opportunity to diversify beyond owning a single property to owning a fraction of multiple assets.

At the very least, identifying potential DSTs at the start of the 45-day window could bring more confidence later if the identified replacement properties don’t pan out.

Much can go wrong during the initial 45-day window of a 1031 exchange, which is why it’s imperative to choose an experienced, reputable qualified intermediary (QI) to facilitate. The QI may be able to assist in identifying properties, can help avoid mistakes that could result in unexpected tax liabilities, and would also likely be aware of different DST opportunities. Because almost anyone can become a QI, time spent identifying the right one for your situation can be as important as identifying the right properties for your 1031 exchange.

For more information on 1031 exchanges and DSTs, do not hesitate to contact our team.

1031 Exchange Guidebook


Daniel Raupp

Under Daniel Raupp's guidance since 2000, Fortitude Investment Group, LLC has guided clients into over $1 billion worth of securitized real estate investment offerings directly and indirectly, in both the DSTs for 1031 Exchanges and REITs. In the areas of real estate, tax advantaged investments, insurance, retirement, and estate planning, he is able to set up comprehensive, individually tailored client portfolios designed to help remove market volatility and maximize income potential without undue risk.

Inspired by his father’s dedication to customer service and hard work, Daniel directs a range of strategic initiatives in the firm to successfully leverage core competencies in tax efficient investing, alternative investments, and operational excellence to create customer value. His credentials include a Series 7 General Securities Representative (GS) License, Series 24 Principal of General Representatives License, Series 63 Uniform Securities Agent License, and a Life/Accident and Health Agent License. Check Daniel’s background on FINRA’s BrokerCheck.

This is for informational purposes only and is not an offer to buy/sell an investment. There are risks associated with investing in Delaware Statutory Trust (DST) and real estate investment properties including, but not limited to, loss of entire principal, declining market value, tenant vacancies and illiquidity. Diversification does not guarantee profits or guarantee protection against losses. Potential cash flows/returns/appreciation are not guaranteed and could be lower than anticipated. Because investors situations and objectives vary this information is not intended to indicate suitability for any particular investor. This information is not meant to be interpreted as tax or legal advice. Please speak with your legal and tax advisors for guidance regarding your particular situation.

Securities offered through Concorde Investment Services, LLC (CIS), member FINRA/SIPC. Advisory services offered through Concorde Asset Management, LLC (CAM), an SEC registered investment adviser. Insurance products offered through Concorde Insurance Agency, Inc. (CIA) Fortitude Investment Group is independent of CIS, CAM, and CIA.

Subscribe To Our Blog

Start browsing property listings

Let Us Know What You Thought about this Post.

Put your Comment Below.